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Option, Reserved Right, Right of First Refusal and the Right of Pre-emption

HH70-12 : FIRSTEL CELLULAR (PRIVATE) LIMITED vs MUNYARADZI SEFAIDIGA and BLESSING MUNYORO
Ruled By: HUNGWE J

On the return day of the rule nisi I confirmed the provisional order and dismissed the counter application indicating that the reasons will follow. These are the reasons. This is the return day of the rule nisi issued by this court on 10 May 2007 interdicting the two respondents (applicants in the counter-application hereinafter referred to as ...
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HH135-09 : SIMBARASHE ANTONIO and KINGSTONE MUJATI and ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED and REGISTRAR OF DEEDS and KWADZANAYI BONDE
Ruled By: MAKARAU JP

The agreement of 1 December 2003 was a terse document whose operative part read:“Ashanti Goldfields agrees to dispose of its housing units situated in Chiwaridzo, Grey Line Flats and Low Density to its employees who are sitting tenants effective 1 December 2003. Find the agreed prices attached.”…,. The true nature of that agreement was an ...
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HH26-10 : MEDICAL INVESMENTS LIMITED vs RUMBIDZAYI PEDZISAYI
Ruled By: MAKARAU JP

The applicant and the respondent were employer and employee respectively. The respondent was employed by the applicant as its Chief Pharmacist with effect from 1 December 2002 up to November 2008. It was a specific term of her employment that the respondent would be entitled to the use of a motor vehicle during the course ...
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HH102-10 : OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE (PVT) LTD vs PETER RAFTOPOLOUS t/a SELECTIONS
Ruled By: MTSHIYA J

Exhibit 11, addressed to the defendant (Peter Raftopolous) and dated 20 May 2010, reads as follows – “...,. The year 2009 was challenging for the property sector as the market lacked comparative evidence after the dollarization since all rentals had to be reviewed at the same time. I am glad, however, that as the year progressed the rent ...
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HH150-10 : STRAUSS LOGISTICS LIMITED (UK) vs BP & SHELL MARKETING SERVICES (PRIVATE) LIMITED and SHELL ZIMBABWE (PRIVATE) LIMITED and BP ZIMBABWE (PRIVATE) LIMITED
Ruled By: PATEL J

In any event, the conditions stipulated in the offer letter entitle the Sellers, at their sole discretion, to change or discontinue the proposed transaction, including the scope thereof, as well as the process contemplated in the letter. The applicant contends that this reserved right would enable BP Africa Limited and Shell Petroleum Company Limited, if ...
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HH197-10 : ABDULLAH ISMAIL KASSIM (in his capacity as Executor Dative of the Estate of Ralph Simon Lapin) vs MATTHEWS MUKWAWAYA
Ruled By: PATEL J

Under cross-examination, Simon Gochero stated that there was nothing in the Lease Agreement granting the defendant a right of first refusal in the event of sale, and that no such indication was ever conveyed to him by the deceased or his beneficiaries or by the deceased estate's lawyers. He further explained that the intended beneficiary ...
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HB17-13 : SHADRECK MANDAZA vs JAMES NYAMAREBVU and NYASHA NYAMAREBVU and THE BRENDER TRUST and THE REGISTRAR OF DEEDS
Ruled By: NDOU J

The applicant was a tenant of the third respondent in occupation of immovable property known as Sub-division B of Benga. In the year 2000, the third respondent, through one of its founder members, the late Wilhelmina Cornelia Roets, in her lifetime, gave the applicant a verbal right of first refusal in the event that the ...
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HB65-13 : ANATOTH MINING (PVT) LTD vs BRIGHTON NYAMUCHO and GARLOREM RESOURCES (PVT) LTD t/a KIMS INVESTMENTS
Ruled By: KAMOCHA J

The background information in this matter may be surmised as follows: The first respondent, Brighton Nyamucho, entered into a Tribute Agreement with Anatoth Mining (Pvt) Ltd, the applicant, on 15 June 2012 in terms of which the applicant leased the respondent's mining claims in Gweru District being Panorama 191, 193, 22 and 207. The Tribute Agreement was for ...
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HB64-11 : ARJUN INVESTMENETS (PVT) LTD vs THOMAS MUTAMBIRWA and FLORENCE VENTER and SARAH NDLOVU and TENDAI CHIEZA and OTHERS
Ruled By: CHEDA J

(5) RIGHT OF FIRST REFUSAL The respondents have also argued that the property should not have been sold to the applicant as they have a right of first refusal. They, however, did not furnish the court with any proof thereof. It is now settled law, if my understanding of our current legal position is correct, that the ...
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HB130-11 : THOMAS MUTAMBIRWA and 70 OTHERS vs ARJUN INVESTMENTS (PVT) LTD
Ruled By: NDOU J

Even where a right of first refusal is to be found in favour of the applicants, such right would not necessarily be enforceable against the respondent. From the facts, the respondent had seemingly no prior knowledge or notice of such a right, and bought the property as a bona fide purchaser. There is ...
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HH377-15 : MISHECK MUZA vs REGGIE FRANCIS SARUCHERA (as liquidator of J. W. Jaggers Wholesalers PL) and PRICES TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

The right of first refusal is not automatic but is one conferred by agreement.
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HH407-17 : MISHECK MUZA vs REGGIE SARUCHERA (as liquidator of J W JAGGERS WHOLESALERS PL) and PRICE TRUST and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MATANDA-MOYO J

The brief facts of this matter are that the applicant is a former employee of J W Jaggers Wholesalers (Pvt) Ltd (herein after referred to as Jaggers). J W Jaggers Wholesalers (Pvt) Ltd (Jaggers) was placed under liquidation. As an employment benefit. the applicant was offered tenancy of Number 8 Prices Road, Emerald Hill, Harare at subsidised rates. He ...
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HH93-18 : CHITUNGWIZA MUNICIPALITY vs MAXWELL KARENYI
Ruled By: TAGU J

The applicant seeks an order of rei vindicatio. It seeks recovery of its property, namely, motor vehicle, a Toyota Hilux Double Cab Registration Number AAE 7098, HP 450 laptop, Samsung Galaxy S5, and a Samsung Tablet 4 presently in the possession of the respondent without the applicant's consent. The circumstances are that the respondent was employed by the ...
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HH309-13 : WILLIAM BAIN & COMPANY HOLDINGS (PRIVATE) LIMITED vs AMON NYAMUKUNDA
Ruled By: MATHONSI J

The applicant and the respondent enjoyed an employer-employee relationship for a period of 16 years; the respondent having been taken in initially as a low level employee, but, to his credit, rising through the ranks to the position of Branch Manager for Marondera. At some stage during the period of employment, the respondent was issued with the employer's ...
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HH384-17 : NEWTON DONGO vs BABNIK INVESTMENTS (PVT) LTD and MESSENGER OF COURT
Ruled By: CHAREWA J

The applicant filed an urgent chamber application for a provisional order of stay of eviction as interim relief and a final order that he should remain in peaceful occupation of immovable property known being Stand number 107 of Salisbury Township, also known as Number 102 Harare Street, Harare.I heard the ...
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HH33-12 : BRIAN JUSTICE ENTERPRISES PL vs H.E.R. (PVT) LTD and NITSA OLYMPIOS and PARIS OLYMPIOS and CHRISTOS VENTURAS and REGISTRAR OF DEEDS
Ruled By: HUNGWE J

This matter was placed before me through the Chamber Book on 25 January 2012.After I perused the papers, I directed that the matter be set down for hearing the next day.On this day, the parties addressed me on the issue of urgency. I found the matter to be urgent and ...
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HH58-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE vs JOACHIM C NGUWO
Ruled By: MUTEMA J

On 29 March 2011 I dismissed, unconditionally, an application for summary judgment by the applicant.On 4 May 2011, I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made ...
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SC40-15 : INDIUM INVESTMENTS (PVT) LTD vs KINGSHAVEN (PVT) LTD and DANIEL SHUMBA and LINDA SHUMBA
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GOWORA JA, HLATSHWAYO JA and MAVANGIRA AJA

On 28 February 2008, under case no. HC1239/08, the appellant caused summons to be issued against the respondents seeking an order for the cancellation of a lease, and, consequent thereto, the eviction of the respondents from the leased premises.On 10 December 2008, a second summons was issued by the appellant ...
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HH40-08 : DHLIWAYO RODGERS vs SHAUN MANDAA KUDINGA
Ruled By: MTSHIYA J

This is an opposed application wherein the applicant seeks the following order:“1. The notice to terminate the lease agreement entered into between the applicant and the respondent on 28 August 2003 in respect of Number 5 Jacaranda Close, Hatfield, Harare be and is hereby declared null and void.2. The applicant ...
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HB08-15 : MEGALITHIC MARKETING (PVT) LTD vs CITY OF BULAWAYO
Ruled By: KAMOCHA J

The applicant in this matter is seeking for an order of this court in the following terms:“It is ordered that:1. The decision by the respondent to disqualify the applicant as the successful tenderer be and is hereby set aside.2. The respondent be and is hereby grants (sic) the applicant the ...
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HB57-15 : SIPIWO NKOMO vs MLWELIWENKULULEKO NCUBE
Ruled By: MUTEMA J

This is an application for rescission of a default judgment that was granted against the applicant in case number HC548/14.The facts relevant to the resolution of the dispute between the parties are briefly these:The applicant sold a BMW X5 motor vehicle registration number ACX 0734 to the respondent. The respondent ...
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